THE JOURNAL & TOPICS NEWSPAPERS | WEDNESDAY, APRIL 23, 2008
YOTI Closed For Good?
By RICHARD MAYER
Journal Reporter
For the time being, beer isn't flowing and pizza isn't being served at Ye Olde Town Inn in downtown Mt. Prospect. A sign outside the establishment reads, "Closed due to remodeling."
This Friday, a court hearing will be held in the Chancery Division in Chicago to determine if owner Tod Curtis can re-open his restaurant or if further repair work needs to be conducted.
"We (village) need to see that significant improvements were made," said Asst. Village Manager David Strahl on Monday.
As of Friday, Apr. 11, the downtown bar and restaurant that has been a mainstay for the past 40 years, was ordered closed after the village filed a Temporary Restraining Order (TRO) in a Cook County Circuit Court. The village alleges that there were many building code violations with the structure.
"The village's actions are harming my employees and their families, and all for what?" asked Ye Olde Town Inn owner Tod Curtis in a written statement. "After 40 years of inspections, the village now wants to claim that my restaurant poses some 'public' safety concern while at the same time they want me to spend the money to correct alleged code violations that the village attorneys caution me not to spend money remodeling, because of the village wanting to condemn my property."
According to one of the village's attorneys, George Wagner, Curtis received the court papers on Thursday, Apr. 10. He responded by filing a motion to dissolve the TRO on Apr. 11, but a judge denied it.
Then on Monday, Apr. 14, Curtis filed an appeal, but a judge denied that motion three days later on Thursday, Apr. 17.
According to the village's inspection report, the following structures were considered to be "unsafe:'
* The kitchen floor is sagging and collapsing. To prevent collapse, injury, and possible failure of surrounding structures, a registered design professional must evaluate the floor and specify means of repair.
* The sub-floor under the bar area is in disrepair from repeated exposure to water and leaks. At this time, the bar floor is declared an "unsafe structure."
* The rear staircase's vertical structure is no longer straight along with the supporting column base. In addition, the temporary brace is undersized. Village staff added that a registered design professional concurs that the stairway and guardrail assembly are "unsafe" and there is "immediate hazard."
* The second floor west porch roof is sagging and close to collapsing.
In regards to electrical issues, the inspection report by village staff states that throughout the entire property, there are numerous extension cords in the open, some cords with "slices", some that are frayed, electrical boxes with splices and without proper connectors, double lugged wire taps in boxes, and electrical panels with breakers that are not designed for the panel. According to Richard Valentino, an attorney for Curtis, the village filed the TRO after Curtis filed a Racketeer Influenced and Corrupt Organization (RICO) action earlier this month.
A $3 million lawsuit was filed on Marc. 31 by Curtis in Cook County Circuit Court against the village, some of its employees and Blues Bar owner Errol Oztekin of OZ Development, LLC. for alleged discriminatory and unfair actions against his establishment.
According to the lawsuit, the purpose of the litigation is to "curb widespread and continued attempts to turn an ill-advised, if not illegal, condemnation action by the Village of Mt. Prospect into a crusade by the village, Mayor Irvana Wilks, who is also the local Liquor Control commissioner, Village Manager Michael Janonis, and various village inspectors to immediately obtain possession of Curtis' property and prevent him from developing his own property."
The first count of the lawsuit deals with equal protection. The second count deals with inverse condemnation and due process. The third count deals with constitutional rights and the fourth count alleges village staff and OZ Development have engaged in a pattern of racketeering activity within the last 10 years
Curtis claims he made a decision to develop his property before the village filed any condemnation action. In so doing, Curtis engaged architectural and engineering firms to develop plans. Curtis' plans included the renovation of his property and creation of Gateway Centre. On Mar. 21, Wilks reinstituted formal proceedings against Curtis to revoke his liquor license. Wilks also filed the condemnation action, according to the lawsuit. Additionally, a judication hearing regarding village findings of the alleged village code violations from the Mar. 6 inspection will be continued tomorrow (Thursday) at 10:30 a.m. at Village Hall by Administrative Law Judge David Eterno.
The hearing regarding those issues was first conducted on Thursday, Feb. 28, but two continuances were issued due to Richard Jalovec's, an attorney for Ye Olde Town Inn, inability to attend.